NIRMAL KUMAR SHARMA Vs. ANJUMON ARA AHMED

JUDGEMENT

(1.) Heard Mr. S Ali, the learned counsel appearing on behalf of the appellant. Mr. R. Ali appears on behalf of the respondent.

(2.) This is an appeal under Order XLIII, Rule 1(r) of the Code of Civil Procedure, 1908 (for short, the Code of 1908) challenging the order dtd. 23/2/2024 passed by the learned Trial Court i.e. the Court of the learned Civil Judge (Senior Division) No.1 Kamrup (M) Guwahati in Misc(J).Case No.1188/2023 arising out of Title Suit No.92/2023 whereby the learned Trial Court directed both the parties to maintain status-quo over the Schedule A and Schedule B lands until the Court conclusively decided the suit.

(3.) At the outset, this Court would like to opine that the impugned order by which both the parties were directed to maintain status-quo over the Schedule A and Schedule B lands is a completely vague direction which the learned Trial Court ought not to have passed in the said manner, taking into account that an order of injunction if passed, has to be specific. The status-quo order denotes various aspects as regards possession, nature and character of the suit property, title, interest created therein etc. Under such circumstances, the status-quo order when passed ought to have been specific in respect to what the learned Trial Court meant.